Overview
In today’s highly competitive and cost-conscious environment, understanding commercial contracts is an important part of business activity. Over 85% of business transactions are governed by contracts and hence it is necessary that contracts be aligned with business expectations. It requires legal and Non-professionals to be well versed with the contents of commercial contracts and expertise to foresee the risk and have futuristic thinking to handle contracts in the best interest of their organization.
This Understanding the Workings of Commercial Contracts 101 seminar is for any professional who wants to learn and understand the workings of commercial contract. This would include individuals who have no experience, but want to learn the fundamentals, as well as those who have or will have a job that directly involves dealing with commercial contracts.
Learning Outcomes
By attending this "Understanding the Workings of Commercial Contracts 101" programme you will:
- Get-to-grips on understanding contractual terms and their impact o businesses
- Expand your knowledge of the risk in liability clauses
- Master practical knowledge of contents of agreements
- Examine specific clauses and their use
- Learn how to interpret variations and time of essence clauses
- Clarify essential terminology in commercial contracts
- Get up-to-date with the use contractual liability clauses and indemnities
- Understand the effect of exclusion and limitation clauses and how they can be used to manage your exposure
- Understand how the limits on liabilities
- Understand how Boiler Plates work
Who Must Attend
This Workings of Commercial Contacts course is relevant and beneficial to local and multinational manufacturing, procurement and electronics companies, in particular for purchasing, sale procurement and supply staff of all levels, officers and administrators, marketing and sales managers, legal officers and all those who are involved in any sort of sale and supply contracts.
SUITABLE FOR
All levels of Staff who are involved in contract management, Procurement contracts, Sales contracts, officers and administrators, marketing and sales managers, legal officers and all those who are involved in any sort of sale and supply contracts.
Course Details
Day 1
Module 1: TENANCY TERMS
Module 1: TENANCY TERMS
- Classification of Tenancies and Duration of Tenancies
- Term tenancy and otherwise –Rights of both parties
- Rental Amount and Rent Acceleration Clauses
- Control of Rent (Repeal) Act of 1997
- Deposits
- Stamp duty and Calculation under the Stamp Act 1949
- Penalty for late payment and Calculation
- Exit Clause
Module 2: RIGHTS & LIABILITIES OF LANDLORD AND TENANT
- Business environment and Tenancy Contract
- Termination of Tenancy
- The Malaysian Legal System
- Landlord’s Remedies
- Eviction
- Understanding TEMPORARY OCCUPIER LICENCES [TOL]
Module 3: LANDLORD AND TENANT DISPUTES & REMEDIES IN MALAYSIA
- Termination of Tenancy and Eviction of Tenant
- Events of Default by Landlord
- Events of Default by Tenant
To decide if Landlord wants to continue with Tenancy or take back the Property.
Where the landlord wishes to continue with the tenancy he may apply for a writ of distress under the Distress Act 1951 (Act 255).
- What is an Action for Distress and the effect of the Specific Relief Act 1950
- Procedural Steps for an application of a Writ of Distress.
- Advantages and Disadvantages of a Writ of Distress
Module 4: LANDLORD AND TENANT DISPUTES & REMEDIES IN MALAYSIA (PART 2)
- Where the landlord wants to Terminate the Tenancy and take back the Property
- Issuance of Notice to Quit
- The effect of Issuance of Notice to Quit on Written and Unwritten Tenancies
- Procedural Steps to take back Property once Notice to Quit is served
- Situations where Tenant refuses to leave and Landlord’s Rights in terms of Rental accrual Calculation and the Writ of Possession
- Effect of Civil Law Act 1956
- Clauses that must be drafted into the Tenancy Agreements to ensure effective debt collection.
- Double Rental
Day 2
Module 5: CONTRACT ACTS
- Contracts Act 1950 – S.75 as contractual remedy fo damages
-Set-Off under Tenancy Agreement
-The law of Contract and validity of clauses in Tenancy Agreement
- Understanding Indemnities - Scope
-Type of Indemnity
-Does the indemnity protect the company?
-Life span of indemnity and what happens when agreement expires?
- Understanding Order and scope of Contents of Tenancy Agreement:
- Order of Precedence
- Where there is more than 1 Tenancy Agreement –order of precedence
Module 6: DISCUSSION SCOPE OF LIABILITY IN TENANCY AGREEMENTS
- Discussion on scope of Liability in Tenancy Agreements
- Understanding Joint and Several Liability in Business Tenancies
- How to Create Joint and Several Liability in a Business Tenancy
- How to Destroy Joint and Several Liability
- Boiler Plates and Tenancy Agreement:
- The significance of boilerplates used in this Tenancy agreement.
- Interpretation clause and its role in agreements
- Severability clause
- Entire Agreement Clause and when it cannot be used
- Force Majeure and its consequences
- Contra Proferentem Rule and writing out of it
- Waiver clause
- Notice and its importance
- Survival and Merger Clause
Module 7: CONTRACT RESTUCTURE
- Amendments and its rules
- Difference between an addendum and an amendment
- Variations in tenancy agreements.
- Novation and Assignment Explained
- Note: Existing Tenancy Agreement will be used in the relevant modules for better understanding of law.
Methodology
This training course will utilise a variety of proven adult learning techniques to ensure maximum understanding, comprehension and retention of the information presented. This includes high levels of participant discussion, group interaction, delegate group exercises and case studies. Delegates will be encouraged to raise their own issues and problems faced within their industry or organisations for discussion on a confidential basis.
Course Leader
AMBIGAH K
LL.B (Hons) London, CLP (Malaysia), TESOL (Canada)
She is a PSMB licensed corporate trainer and Corporate Legal Adviser. She has vast professional experience in the training industry as a lecturer and trainer. She has trained and lectured for various private companies and government entities. Her participants’ background is made up of managers, corporate and government support staff and executives.
She possesses excellent communication, writing, people and class room management skills together with 15 years and more teaching, speaking to an audience and presentation skills. This has been enhanced with certification in classroom management.
Her forte is enhancing Legal programs with Legal Practitioner’s advice and opinions. The Imparting of knowledge as Legal advisor and Litigation lawyer to be part of teaching of legal programs has helped give in depth understanding of the subject.
Her ability to combine the elements taught in a specific program both soft skills and Legal with real life requirements for those on the job has been greatly appreciated .
When not conducting training programs, Ambigah Krishnan is busy with her legal consultation especially in the corporate field.
Industrial Experience
She has trained and lectured for private companies and government entities. Participants made up of managers, CEOs, CFOs, corporate and government support staff and executives. Her legal experience includes civil litigation like employment, company ,corporate, Testamentary matters and banking issues.
She has conducted seminars ranging from Drafting and Negotiating Commercial Contracts, Understanding Business Contracts and Avoiding Liability for Vendors and Suppliers, Employment law including mock Industrial hearings of Domestic Inquiries, Employment law for Non HR Managers, the Personal Data Protection Act 2010 and Standards 2015, Tenancy laws and understanding Agreements, Staff fraud awareness program and various other law areas.
She is currently carrying out project management on Personal Data Protection implementation.
She is also involved in advise and drafting of Human Resource policies and procedures. Also in the drafting of legal letters and advice of legislation pertaining to proper administration of Human Resource issues.
Training Experience and Clientele
Ms. Ambigah, LL.B (Hons) London, CLP (Malaysia), a corporate trainer for numerous organizations, has vast professional experience in the training industry as a lecturer and trainer. Some of the companies she has trained for includes:
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Kwong Wah Yit Poh Press Berhad
International Medical University
Dimerco Sdn. Bhd
Monash University
G-Pile Sistem Sdn. Bhd
Lembaga Koko
PLUS
BORNEO HOUSING MORTGAGE FINANCE BERHAD
Mitsubishi Motors Malaysia Sdn. Bhd Ann Joo Steel Berhad Solectron |
Benefits in having Ambigah as your expert advisor
She is a hands-on, bilingual trainer. She focuses on her specilizations that being Law programs and Language based TESOL programs. She has strong linguistic strenghts which is essential part of a good delivery culminating in easy understanding for the participants. She strongly believes that personal empowerment can enhance oneself. In that stance, her mission is to train individuals with the required knowledge based skills, thus achieving organizational excellance.
She is a certified trainer under the Train the Trainer Program and possesses a Certificate in TESOL (Canada) wherein she specializes in the teaching of Grammar. She also holds an LL.B (Hons) London, CLP – University of Malaya and is active in Corporate legal practise.
To contact Ambigah, please feel free to email us at info@itrainingexpert.com or call +603 8074 9056 | +6012 6869 628
Or
We have a faculty of specialist and can cater to your organisation's different levels and specific needs.
For training and advisory services, feel free to contact us at info@itrainingexpert.com or call us at +603 8082 3707 | +603 8074 9056 | +6012 6869 628 | +6018 2175 123
Testimonies
“I felt as though I unequipped to draft contracts before attending this course. This training taught me the many terms, definitions and techniques of drafting. After it was done, I felt I better understood what contracts were and how to read them in a new light. The trainer was very well-presented, concise and specific.” – Chong Siew Mei, Marketing Director, Bioscenergy International Sdn Bhd.
“Before attending this course, I felt isolated on what I had to do. I got a lot of information that I needed to look at when drafting contracts. After it was done, I felt much better equipped to handle my daily work. The trainer was very knowledgeable on the topic.” – Soong Pik Kwan, Export Manager, Bioscenergy International Sdn Bhd.
“I was completely lost on this subject before attending this course. During this training I learned the best practices in contract drafting. I felt really good after the course. The trainer was very experienced and knowledgeable.” – Glenn Lee, Operations Manager, Kendek Products Sdn Bhd.
22-23 Sept 2020
22-23 Sept 2020
“Before attending the course, I was confused on some drafting structure. I learned on the various rules of contract drafting. After the course, I felt enliven because I am armed with more knowledge and have more confidence in drafting commercial contracts. The trainer was experienced and knowledgeable.” – R. Ugalisha , Legal Assiociate & Global Risk & Compliance Specialist, IPC Information Systems (Malaysia) Sdn Bhd.
“I learned the Rules of drafting commercial contracts in this 2 days intensive training. I feel that I can apply the sharing gained into my daily job immediately. The trainer was knowledgeable, engaging and experienced. Thanks”- CH Yap , Legal Associate, IPC information Systems (Malaysia) Sdn Bhd.
“Before attending the program, I had doubts on drafting. During the course, I learned in depth Commercial Contract Drafting. The trainer, who is a practicing lawyer was very good at explaining on how to draft contracts." Nur Fathanah DRM-Hicom Defence Technologies Sdn Bhd.
“Before the course, I felt that the course was just a basic training for me. I surprised myself because I learnt so much more than just the basics of contract drafting but the core elements in contracts. After the course, I felt more confident on drafting. I gained so much knowledge in 2 days that I never had before. The trainer was knowledgeable, experienced and engaging.”- Zainab Yahaya, Senior Executive Legal, Sime Darby Plantation Bhd.
“Before attending the course, I didn’t have confidence in the drafting contracts. I learned on drafting skills which can help me to apply on my job. This contract drafting course is really beneficial for me. The trainer is good. Thanks”- Felicia Ng , Junior Legal Cum Corporate Affair Executive, NEC Corporation of Malaysian Sdn Bhd.
Investment
| Normal Fee |
| Sign up 3 pax or more |
| Pay before course starts |
| MYR 3,790.00 |
| USD 1,110.00 |
| Early Bird |
| Sign up 3 pax or more |
| Pay 14 day(s) before course starts |
| MYR 3,290.00 |
| USD 970.00 |
| Group Fee |
| Sign up 3 pax or more |
| Pay 14 day(s) before course starts |
| MYR 3,190.00 |
| USD 940.00 |
Upon successful completion of this program, you will receive an E-Certificate of Achievement.
1. ONLINE PAYMENT by Credit card: You can opt to register and pay online with our latest payment integration system through our website.
2. Telegraphic Transfer- You can also opt to use GIRO or telegraphic transfer of payment via international banks.
